The jury couldn't reach a unanimous decision on whether to sentence Flores to life or death, so Flores got life without parole.

Flores shot Bergey four times while trying to rob him in the 300 block of N. Hall Street.

Bergey, 54, manager of the Maison Blanc gourmet food stand at the Allentown Farmers Market, had left a city bar about 1:30 a.m. last Oct. 26 and was walking to his home, which was a half block from where he was shot.

Assistant District Attorney Theodore Racines asked for a consecutive sentence for the robbery and firearms offenses. Flores could have robbed Bergey without causing him more harm, Racines said.

"This crime could have been just that ... but the defendant chose to take that to a higher level and kill Mr. Bergey," the prosecutor said. "It just doesn't seem right that he doesn't get punished for the robbery."

Defense lawyer Earl Supplee asked the judge to make the robbery and firearms sentences concurrent with the life term so Flores and his family have hope of him someday getting paroled.

If Flores leads an exemplary life in prison and a governor commutes his life sentence, he will have to start serving the robbery and firearms terms if they are consecutive, Supplee said.

He also said Flores' family suffered enough during the trial, where some of them testified against their brother. They said he talked about robbing someone to get money for drugs and that he said he had shot someone.

A concurrent sentence, Supplee said, might ease their consciences and the impact of helping prosecutors to convict their brother.

"It would give hope for his family as well," he added.

During the penalty phase of the trial, some of Flores' siblings asked the jury to spare his life.

Wallitsch said that jurors, who had difficulty agreeing on the sentence, probably considered the impact on Flores' family.

Flores didn't say anything at his sentencing hearing and refused to cooperate with a probation officer who prepared a presentence report.

Bergey's family told Racines they were satisfied with the outcome of the case and wouldn't be attending the sentencing hearing.

The lawyers also debated Flores' criminal record and the score that should be attached to that for purposes of sentencing under state guidelines.

In Puerto Rico, Flores had pleaded guilty to attacking a minor with a machete. That crime was considered a simple assault, or misdemeanor, there.

However, Racines said that for sentencing purposes, the judge could consider what that crime is in Pennsylvania, not Puerto Rico. Here, it would be an aggravated assault where bodily injury was caused with a deadly weapon.